Sunday, 4 February 2018

Opps, the Australian Federal Police (AFP) permanently lost 707 Cabinet and National Security Committee documents between 2008 and August 2013. The general public find out about these losses approximately four to ten years later in January 2018, when mention was made of the situation in one file document within thousands of other top-secret
and highly classified documents obtained by the ABC after yet another security breach involvingCabinet papers and other classified files found in old government locked filing cabinets sold at public auction in Canberra.Even John le Carréwould have thought this plot line was nigh on unbelievable - but then he didn't know our very own federal bureaucracy.

The Australian Federal
Police (AFP) lost nearly 400 national security files in five years, according
to a secret government stocktake contained in The Cabinet Files.

The Department of Prime
Minister and Cabinet regularly audits all government departments and agencies
that have access to the classified documents to ensure they are securely
stored.

The missing documents
are not the same files the ABC has obtained.

The classified documents
lost by the AFP are from the powerful National Security Committee (NSC) of the
cabinet, which controls the country's security, intelligence and defence
agenda.

The secretive committee
also deploys Australia's military and approves kill, capture or destroy
missions.

Most of its documents
are marked "top secret" and "AUSTEO", which means they are
to be seen by Australian eyes only.

An email exchange
between the cabinet secretariat and the AFP reveals the documents were lost
between 2008 and 2013……

Troop deployments in
Afghanistan and Iraq, counter-terrorism operations, foreign relations and
Australia's border protection were among the top-secret and sensitive issues
decided in the five-year period.

The cabinet
secretariat's general practice was to give up searching and write off lost
documents if they could not be found after consecutive audits, according to
another document in The Cabinet Files.

ASIO officers have moved
to secure the thousands of top secret and classified Cabinet files obtained by
the ABC, in early morning operations in Canberra and Brisbane.

Officers delivered safes
to the public broadcaster's Parliament House Bureau and South Bank studios
around 1:00am, just hours after the massive national security breach was
revealed.

The ABC still has access
to the documents, now kept in the safes, and negotiations are still underway
between lawyers for the ABC and the Department of Prime Minister and Cabinet
(PM&C).

The department launched
an urgent investigation on Wednesday, after it was revealed the trove of
documents had been discovered in two locked filing cabinets offloaded to a
second-hand furniture depot in Canberra.

The Department of Prime
Minister and Cabinet (PM&C) launched an urgent investigation into how the
massive breach occurred, within an hour of the ABC revealing the trove of
documents.

But the ABC understands
the Australian Federal Police (AFP) are yet to join the inquiry.

Tuesday, 7 November 2017

A NSW Police intelligence program that uses secret algorithms to identify suspects who may commit a “future crime” is disproportionately targeting young people and Aboriginal and Torres Strait Islander people, according to a comprehensive new report.

The ‘Policing Young People in NSW’ report was published by the Youth Justice Coalition, a network of youth workers, lawyers, academics and policy experts. It was written by Dr Vicki Sentas, an academic at the University of New South Wales, and Camilla Pandolfni, a solicitor at the Public Interest Advocacy Centre.

The report is the first comprehensive look at the Suspect Targeting Management Plan (STMP), a NSW Police program that “seeks to prevent future offending by targeting repeat offenders and people police believe are likely to commit future crime”.

The STMP involves the use of “risk assessment tools” and algorithms that take into account a series of “risk factors” to identify potential future criminals. Suspects in the program are categorised on a scale from “low risk” to “extreme risk” and then targeted by police officers through regular house visits and the use of stop and search powers.

The criteria used to identify suspects is not publicly available, and individuals targeted through the STMP are not notified of the reasons behind their risk categorisation. The whole program is managed internally by the police and there are no specific laws or regulations governing its operation.

* Disproportionate use against young people and Aboriginal people: Data shows the STMP disproportionately targets young people, particularly Aboriginal and Torres Strait Islander people, and has been used against children as young as ten.

* Patterns of ‘oppressive policing’ that may be damaging relationships between police and young people: Young people targeted on the STMP experience a pattern of repeated contact with police in confrontational circumstances such as through stop and search, move on directions and regular home visits. The STMP risks damaging relationships between young people and the police. Young people, their families or legal representatives are rarely aware of criteria used to add or remove people from the STMP. As the case studies show, young people experience the STMP as a pattern of oppressive, unjust policing.

* Increasing young people’s costly contact with the criminal justice system and no observable impact on crime prevention: The STMP has the effect of increasing vulnerable young people’s contact with the criminal justice system. Application of the STMP can be seen to undermine key objectives of the NSW youth criminal justice system, including diversion, rehabilitation and therapeutic justice. The research has identified several instances where Aboriginal young people on Youth Koori Court therapeutic programs have had their rehabilitation compromised by remaining on the STMP. There is no publicly available evidence that the STMP reduces youth crime.

* Encouraging poor police practice: In some instances, the exercise of police search powers in relation to a young person on the STMP have been found unlawful by the courts. The STMP may be inadvertently diminishing police understanding of the lawful use of powers (set out in the Law Enforcement Police Powers and Responsibilities Act 2002 (NSW) (LEPRA)) and thereby exposing police to reduced efficacy and civil action. * No transparency and an absence of oversight, scrutiny or evaluation: The operation of the STMP is not transparent or accountable. Criteria for placement on the STMP are not publicly available, individuals cannot access their STMP plan and it is unclear what criteria are used by police to remove a person from the STMP…..

Based on the research and findings presented here, the report recommends that:

1. NSW Police discontinue applying the STMP to children under 18. Children suspected of being at medium or high risk of reoffending should be considered for evidence-based prevention programs that address the causes of reoffending (such as through Youth on Track, Police Citizens Youth Clubs NSW (PCYC) or locally based programs developed in accordance with Just Reinvest NSW), rather than placement on an STMP.

2. NSW Police make the STMP policy and operational arrangements publicly available to enable transparency and accountability.

3. NSW Police amend the STMP policy so that any person considered to have a ‘low risk’ of committing offences not be subject to the STMP.

4. NSW Police amend the STMP Policy to mandate formal notification by police to any individual placed on a STMP, including reasons for placement on the STMP and the date of next review. Subsequent notifications to individuals on an STMP should outline the outcome of the review and reasons for the STMP being maintained or discontinued.

5. NSW Police make data on the STMP publicly available through the NSW Bureau of Crime Statistics and Research (BOCSAR). Available data should include demographic information (age, Aboriginal or Torres Strait Islander status, ethnicity, Local Area Command LAC), as well as data on the length of time enrolled in the STMP and the category of risk determined.

ii. Provides guidance on the criteria for inclusion and exclusion from the program and the alternative programs available;

iii. Sets out its operational requirements, and limits; and iv. Provides guidance on the relationship of the STMP to the law. For example, training should clarify that a persons’ inclusion on an STMP cannot provide a basis for grounding a reasonable suspicion (either on its own or together with a number of other factors) under LEPRA.

8. The Law Enforcement Conduct Commission (LECC) conduct a comprehensive review of the STMP.1 The terms of reference of the recommended LECC review should include consideration of whether the STMP:

i. is effective and appropriate in dealing with the risk of offending in young people under 25 and children;

ii. is effective and appropriate in dealing with the risk of offending in adults;

iii. is effective and appropriate in relation to other vulnerable people (as defined in clause 28 of the Law Enforcement (Powers and Responsibilities) Regulation 2016), including those with impaired intellectual or physical functioning, Aboriginal and Torres Strait Islander peoples and persons from non-English speaking backgrounds;

iv. is consistent with NSW policy and practice for juvenile justice including principles of diversion from the criminal justice system as well as NSW law, including the Young Offenders Act 1997 (NSW), and the Law Enforcement (Powers and Responsibilities) Act 2002 (NSW); and

v. is consistent with NSW Police policies and practices for policing children and young people, including the NSW Police Force Youth Strategy, as well as the Aboriginal Strategic Direction and Aboriginal Action Plans, the NSW Domestic Violence Strategy, the NSW Police Disability Inclusion Action Plan and all other policies and procedures regarding vulnerable persons.

In the course of the review, the LECC should consult with other professional disciplines such as mental health practitioners, Family and Community Services Managers, the Department of Justice, and community workers about best practice in diversion, crime prevention and the needs of young people.

Finally, this report is the first publicly available study about the STMP. The unjustified secrecy around the STMP has prevented appropriate, transparent, program evaluation and more thorough examination of the impact the STMP is having on young people, crime prevention and police practice. This report’s conclusion that the operation of the STMP is likely to be having damaging effects on young people is compelling grounds for further investigation and external scrutiny.

Friday, 13 October 2017

The politicians forming Australian state and federal governments assure us they are upright, ethical people with histories as pure as the driven snow. They tell us their advisors are trustworthy beyond doubt and their senior public service appointees & finance/security consultants ditto. While their big business mates like Gina, Twiggy and Co are genuinely true blue and philanthropic.

Yet, as step by step these same politicians lead us towards authoritarian governance and Big Brother mass surveillance, their feet of clay can’t help but show.

An arm of the company tasked with advising the Turnbull government on its signature infrastructure project, Snowy Hydro 2.0, has been banned by the World Bank for alleged bribery and corruption, prompting further calls for a federal anti-corruption watchdog……

Prime Minister Malcolm Turnbull poses for a photo during his announcement of Snowy Hydro 2.0 in March.

Photo: Alex Ellinghausen

Engineering company SMEC had five of its subsidiaries banned by the World Bank last week after an investigation into "inappropriate payments" linked to projects in Sri Lanka and Bangladesh.

SMEC was chosen to undertake the $29 million feasibility study back in May and the work is due to be finished by the end of the year. The firm was selected by the state and federal government-owned Snowy Hydro corporation, which runs the current power plant.

Last year, Fairfax Media revealed the details of some of the allegations around improper payments involving SMEC, including allegedly corrupt dealings between the firm and Sri Lankan president Maithripala Sirisena when he was a cabinet minister in 2009.

Those dealings and others are still under investigation by the federal police.

This is one wealthy individual audited by the Australian Taxation Office - venture capitalist and independent consultant to business & government for over twelve years, Anthony ‘Tony’ Castagna.

Anthony Castagna's company helps protect the cyber secrets and detect financial crimes within the world's most powerful institutions, including the Serious Fraud Office in Britain, US Homeland Security, the Australian defence force, ASIC, even the Office of the President of the US.

Now the Sydney-based co-founder and chairman of Nuix, majority owned by Macquarie Bank, faces a potential 20-year jail term after being charged with tax evasion and dealing with the proceeds of crime.

Dr Castagna, 70, has been the target of two of Nuix's major clients: the Australian Federal police and the Australian Tax Office through Project Wickenby, their long-running tax probe.

The charges relate to payments from Macquarie Bank which were allegedly channelled into offshore companies controlled by his cousin Robert Agius, who was sentenced to a non-parole period of 6 years and 8 months' jail in 2012 for operating unrelated tax avoidance schemes via his Vanuatu-based accountancy firm.

In addition to Dr Castagna's criminal charges, the ATO is pursuing him for unpaid taxes and penalties in excess of $10 million.

For decades, the tech guru has been a rainmaker for Macquarie Bank. The bank has ploughed millions of dollars into his cyber security and forensic services company Nuix. A totally owned Macquarie Group subsidiary owns more than 70 per cent of Nuix and over the last year Macquarie advisors have been talking up a billion-dollar float of Nuix on the Australian stock exchange....

Dr Castagna, who denies any wrongdoing and is vigorously defending the charges....

Tuesday, 10 October 2017

“There
is also a tendency for technologies to converge, allowing for the creation of
devices with increased surveillance capabilities. CCTV, for example, may be
combined with facial recognition technology….to identify individuals from their
images. Another example is modern mobile phones, which combine telephonic
services with GPS tracking software, digital visual and sound recording
capabilities, and connection to the internet. A consequence of the convergence
of surveillance technologies is the greater ability of surveillance users to
compile detailed pictures of members of the public, making it increasingly
difficult for individuals to maintain their privacy and anonymity.” [Victorian Law Reform
Commission – Surveillance in Public Places: Final Report 18, 2010]

FBMC will involve using a Face Verification Service , Face Identification Service, One Person One Licence Service and Facial Recognition Analysis Utility Service in identity matching, along with a the Document Verification Service, Identity Data Sharing Service and/or any other government identity matching or data sharing serviceand, of course one of the areas it will be used is in so-called crime prevention.

Use of this facial recognition database will also be available to authorised private sector agencies and, like many new tools it is likely there will be function creep so that photo IDs will be required by more government agencies and private businesses when interacting with individuals in the future.The Facial Biometric Matching Capability database will function alongside the Biometric Identification Services (BIS)which featuresnational
identification capability using fingerprints, palm prints, foot prints and
facial recognition, person identity and evidence image case management, image
enhancement tools and record auditing, matching services of one to one, one to
few, one to many, and many to many, as well as photobook, photo line-up and
witness viewing services.

But what’s the worry? After all if you are an ordinary person not committing a crime you have nothing to fear. Right?

Criminologists at Monash undertake cutting edge research in the areas of risk and security that is theoretically sophisticated, innovative and highly relevant to areas of pressing national and international concern. The discipline hosts two recipients of the Australian government’s prestigious Future Fellowship Award, Professor Sharon Pickering and Associate Professor Weber, both undertaking programs of research on border policing. Their jointly authored book Globalization and Borders: Death at the Global Frontier was awarded Australia’s most significant criminology publication award in 2013. The Border Crossing Observatory is the online repository of all border-related research undertaken by Monash Criminology and our national and international partners. Criminologists at Monash have received multiple highly competitive Australian Research Council grants to investigate a host of risk and security related topics, amongst them, counter terrorism laws and policing, immigration and exploitive labour practices, deportation, regional security, and the gendered nature of border crossing and transnational law enforcement. Our risk and security research expertise includes the interrelated topics of borders, counter terrorism, state crime, transnational crime, irregular migration, human trafficking, risk and disability, and pre-crime.[my yellow bolding]

What is “pre-crime”?

Put simply, “pre-crime” activity is a crime not yet committed – it is the suspicion that an individual might be capable of breaking an unidentified law at some unspecified time in the future.

Such suspicion does not mean there is a need to charge, prosecute or convict for a specific crime. Intervention at “pre-crime” stage is supposedly risk containment.

You don’t have to be researching bomb-building or Googling how to buy a weapon online to commit a “pre-crime” activity - it can be your thoughts and political opinions spoken aloud or written down, as well as your actions at a public meeting or protest rally.

It can even be allegedly ‘guilty knowledge’ in that you knew the time and place a small environmental activist group was going to confront their local MP or you saw a person painting an anti-government picket sign ahead of a planned street march.

Going to the media – social or mainstream – with a genuine complaint against a government department might be considered a “pre-crime” if you visibly persist in seeking answers, redress or apology. You could easily be labelled "fixated" by police if a government minister takes offence and decides to complain.

If you make a small donation to a group the police or government consider problematic, troublesome or obstructive of the aims of government or big business you may at some time in the future be considered politically partisan and displaying “pre-crime” tendencies.

These are just some of the groups that are already complained about by big business and politicians: Environment Victoria, Wilderness Society (Australia, Victoria & Queensland), Friends of the Earth, Victorian National Parks Association, Australian Conservation Foundation, Lock the Gate Alliance, 350.org Australia, the Nature Conservation Council of NSW, the Australian Youth Climate Coalition, the Australian Marine Conservation Society, Australian Marine Conservation Society, Friends of the Earth Australia, Politics in the Pub and GetUp! as well as Greenpeace and Sea Shepherd.

Just belonging to a group or community association which speaks up on matters of social, economic, environmental or political concern could see you being eyed off as part of a potential conspiracy in the making.

With the notion of “pre-crime” there is no presumption of innocence and little more than lip service to due process if any arm of state or federal government decides you are a person of interest.

So how will pre-crime activity be monitored by police and security services? Well one of the methods used will be surveillance and this surveillance may involve use of the Facial Biometric Matching Capability database created by the Turnbull Government.

Surely this couldn’t possibly happen in Australia? you say. Think again. We already keep individuals in gaol long after their court-imposed sentence has been fully completed under continuing detention legislation, have preventative detention without charge and control orders which can be applied to both minors and adults, police are known to use spyware to enter, monitor and control home computers and, in certain circumstances your home can be entered and searched without your knowledge by police and security services.

Police and security agencies are constantly pushing for more legislation which would allow amongst other matters the creation of a raft of pre-emptive, punitive measures based solely on suspicion and an individual’s “pre-crime” tendencies.

Right now in Australia governments are all about political and physical control of the population - they are not about human rights, 'civil liberties' or a free, open and democratic society.

As a society Australia has been sliding down that slippery slope towards an authoritarian destination for years now and in 2017 we appear to have reached the bottom of the slope.

“For years, there’s been ample evidence that authoritarian governments around the world are relying on technology produced by American, Canadian, and European companies to facilitate human rights abuses. From software that enables the filtering and blocking of online content to tools that help governments spy on their citizens, many such companies are actively serving autocratic governments as "repression’s little helper."

The reach of these technologies is astonishingly broad: governments can listen in on cell phone calls, use voice recognition to scan mobile networks, read emails and text messages, censor web pages, track a citizen’s every movement using GPS, and can even change email contents while en route to a recipient. Some tools are installed using the same type of malicious malware and spywareused by online criminals to steal credit card and banking information. They cansecretly turn onwebcams built into personal laptops and microphones in cell phones not being used. And all of this information is filtered and organized on such a massive scale that it can be used to spy on every personin an entire country.” [Electronic Frontiers Foundation, accessed 7 October 2017]

“Australia’s leading privacy and civil liberties organisations
condemn the decision by the Council of Australian Governments (COAG) to provide
all images from state and territory driver’s licence databases to the federal
National Facial Biometric Matching Capability.

The creation of such a comprehensive national facial database is
an unnecessary and disproportionate invasion of the privacy rights of all
Australians, is the foundation for suspicionless, warrantless mass surveillance
and is fundamentally incompatible with a free and open society.

David Vaile, Chair of the Australian Privacy Foundation said,
“This government has proven it is blind and deaf to privacy and personal
information security threats. Make no mistake – this database will affect all
Australians, even the most conscientious and law-abiding. It will likely
generate massive ‘false positive’ lists that will flood our very effective
police and security services with useless distractions. We’ve already seen
calls for ‘scope creep’ to cover welfare enforcement, and there’s every reason
to expect this capability will come to be used to identify people with unpaid
fines and other minor issues that have nothing whatsoever to do with
terrorism.” [Electronic Frontiers Australia, 6 October
2017]

“Every single portion of human rights activism overlaps, manifests or is exercised with the use of technology. That alone caused attackers and adversaries to recognize that technology itself is a good vehicle to get to these people and interfere with them or cause them harm.” [Claudio Guarnieri of Amnesty International quoted inThreat Postat Kapersky Lab, 4 October 2017]

Tuesday, 22 August 2017

If the NSW Police Board in Australia knew of Donald J. Trump's "Mafia connections" (Confidential Minutes, p. 8,3. Police Board ii) in June 1987 it follows that so did the Atlanta Police Department, Georgia State Police,the US Federal Bureau of Investigation (FBI) and possibly Interpol - because NSW Police and/or the Australian Federal Police (AFP) would have likely approached one or all these sources when gathering intelligence.

In February
1890 the count stood at 472 rough sleepers and by February 2017 the homeless count on the
night was 433 rough sleepers, with another 489 people in crisis/temporary accommodation* and 28 people of no fixed address in hospital.

In the last fifty years to date in Sydney, the usual first response considered when the number of homeless people become highly visible is to force these people out of the inner city area to become the problem of other suburbs and different councils.These clearances often only come to the notice of the general public during the lead up to high profile events such as state visits or when Sydney hosted the Olympics in 2000.

This time it was the turn of the Berejiklian Coalition Government and The City of Sydney Council to attempt to scatter the homeless from the inner-city by using NSW Police as their all too willing pit bulls.

Now if this sweep of Sydney streets runs true to form an official spokesperson will say that the homeless have been offered alternative accommodation and many have refused.

This is officialese for handing out the contact details of overworked and under-resourced homeless services. The most easily accessible being the night refuges which are frequently only marginally safer than sleeping rough for the most vulnerable of those on the streets and which can offer little more than temporary night accommodation on a first-come-first-served basis. While other crisis/temporary accommodation offered through Dept of Housing/FaCS can be for as little as 2-5 days in a budget motel, caravan park or similar.

Tuesday, 16 May 2017

In light of ongoing revelations concerning data security and privacy breaches (including hacking) by police personnel around Australia, this was not exactly a wise post on the part of NSW Police on or about 6 May 2017. As evidenced by its apparent online deletion since.

Saturday, 17 December 2016

"It is profoundly disturbing to witness the appalling treatment of this young woman at the Lock-Up on 4 August 2014. In her final hours she was unable to have the comfort of the presence of her loved ones, and was in the care of a number of police officers who disregarded her welfare and her right to humane and dignified treatment." [Excerpt from Western Australia State Coroner, coronial finding, 16 December 2016]

Amnesty International and the United Nations have announced that they are sending officials to investigate allegations of human rights violations at the site of the Dakota Access Pipeline (DAPL) at the Standing Rock Sioux Reservation in North Dakota.

Amnesty International announced Friday that they were sending a delegation of human rights observers to monitor the response of law enforcement against DAPL protesters after concerns mounted about increasingly violent actions towards the peaceful protesters.

Owners of the North Dakota Access Pipeline have been warned that they risk legal liability over several instances of human rights abuses against peaceful Native American and environmental activists opposing the US$3.8 billion pipeline, as militarized law enforcement have increasingly used violence and repression at protest camps.

The joint letter released Friday by five environmental and legal advocacy organizations said that the joint owners of the pipeline “have a corporate duty under international law and the laws of the United States to respect human rights and to avoid complicity in further human rights abuses.”

The advocacy groups said that in recent weeks the situation in the Standing Rock camp “has deteriorated further,” making reference to recent violent crackdowns by law enforcement and security personnel on peaceful protestors.

Speechless. I was shot by militarized police WHILE interviewing a peaceful man at Standing Rock live on camera. I woke up this morning with the thought that I may have that very footage – and broke down in reliving the 40-second horror before my own eyes. Warning: it's very very difficult to watch and sent me into quivers and tears, even without the compounding historic trauma that Native Americans face.

I do not wish to divert focus away from the bravery of the Water Protectors, from the power of nonviolent direct action, from the people fighting for their lives and for our futures – but I want you to witness the indiscriminate use of excessive force firsthand. Many have said that militarized police firing a rubber bullet at a female reporter was a fabrication, provoked by violence, or otherwise merited, including a Morton County, North Dakota press release. That is a lie; we have proof and eyewitnesses (cc Josh Fox, Matt McGorry, Jordan Chariton, Josue Rivas, Evan Simon, Josh Fox, Wes Mekasi Horinek, Kendrick Sampson, Doug Pineda, Doug Good Feather and countless more).

I was standing innocently onshore, not making any aggressive gestures, never exchanging a single word with the police who fired at my lower back from their boat. Peaceful souls were seeking to cross the river to hold a prayer circle on Army Corps public land, but halted by over one hundred hostile military police armed with and deploying tear gas, pepper spray, batons, and rubber bullets, as well as assault weapons and the threat of jail, only one week after 141 individuals were brutally arrested. I was shot at pointblank range, dozens were maced and pepper sprayed in the face, hundreds faced freezing waters. There were no arrests or deaths and I will be okay physically, but the safety and wellbeing of many peoples and lands remain in danger, for present and future generations.

Thank you for your prayers, for your action in calling upon our President, government and Department of Justice to halt this atrocity immediately, for showing up and donating to support this fight for human rights, for the environment, for peace. Please continue to pray for the strength and protection of all peoples, for the physical pain, for the emotional trauma, for the desecrated land. #StandWithStandingRock#NoDAPL

More than a third of all Victoria Police officers who appealed dismissals or demotions in the past two years were disciplined because of predatory behaviour towards women, including family violence victims, colleagues, and women who were vulnerable or in care.

A senior constable was found to have preyed on five women, one officer exposed himself to staff, a 44-year-old had a sexual relationship with a 17-year-old girl, and several officers, including a Police Academy trainer at graduation celebrations, vulgarly propositioned women.

Almost exactly two years ago, former Chief Commissioner Ken Lay confronted troubling attitudes towards women within Victoria Police head-on when he announced a Victorian Equal Opportunity and Human Rights Commission independent review into the force.

But an analysis of Police Registration and Services Board review hearings shows the extent of this culture in stark detail.

The board hears the appeals of those who are disciplined by the internal police investigation unit, Professional Standards Command.

Unless an officer appeals to the board, or is charged with a criminal offence, details of the behaviour which led to their dismissal is rarely made public.

The board started publishing its decisions in 2014.

Police Registration and Services Boardreview decisions can be found here.

DECISION The Board acknowledges the strong work record of the Applicant, his lack of any malicious intent and accepts that he would be unlikely to engage in such conduct in the future. However, a consideration of all of the factors set out above, especially the public interest in maintaining community confidence in Victoria Police, weighs strongly in favour of dismissal. Vulnerable members of the public must be able to seek help from the police force without any risk that they will be vulnerable to further harm from those entrusted to protect them. Having considered all the material and the submissions made, and after having regard to the public interest and the interests of the Applicant, the Board is not satisfied that the Inquiry Officer’s decision to dismiss the Applicant was harsh, unjust or unreasonable. Accordingly, the decision to dismiss the Applicant stands. The Board publishes these reasons for decision pursuant to Section 154A, subject to the redaction of the material in Appendix 1. The Board directs that the material in Appendix 1 not be published or communicated beyond the parties and their representatives. For the Board, all members concurring.

Making unwelcome sexual advances to a female public servant and publicly exposure himself

DECISION Having considered all the material and the submissions made, and after having regard to the public interest and the interests of the Applicant, the Board is not satisfied that the Inquiry Officer’s decision to dismiss the Applicant was harsh, unjust or unreasonable. Accordingly, the decision to dismiss the Applicant stands. Pursuant to the provisions of s.154A of the Act the Board proposes to publish these reasons. For the Board, all members concurring

DECISION Having considered all the material and the submissions made, and after having regard to the public interest and the interests of the Applicant, the Board is not satisfied that the Inquiry Officer’s decision to dismiss the Applicant was harsh, unjust or unreasonable. Accordingly, the decision to dismiss the Applicant stands. Pursuant to the provisions of s.154A of the Act these Reasons for Decision are to be published. For the Board, all members concurring.

Just in case anyone is under the impression that police conduct is of a higher standard in New South Wales because we see fewer published misconduct reports, I remind readers that on 7 March 2013 New Matilda reported:

In just the past few years we have seen case after case with compelling prima facie evidence of police brutality and excessive use of police force. However not a single case has resulted in a police officer being either demoted or dismissed, let alone charged with assault or another criminal offence. It is worthwhile at this point recalling just some of the incidents that have sparked community unrest in the past few years.

In November 2009 police were called to the home of Adam Salter by his dad. Salter was mentally ill and harming himself with a sharp knife in the kitchen. It was a frightening and dangerous incident. The most senior officer on site called out "Taser! Taser! Taser!" before shooting Salter dead with her glock pistol. What looked like a terrible tragedy and mistake was internally investigated by police. That police investigation cleared police of wrongdoing and the officers involved were in fact promoted.

When the coroner reviewed the matter (pdf) she found much of what the police had alleged was "simply not true", other parts were "almost entirely wrong", "a failure and a disgrace". The Salter’s family lawyer described it as "a whitewash" and "a cover up". Since then the Police involved have been the subject of an Ombudsman review and a Police Integrity review. Years have passed and no-one has been held to account for the tragedy.

In February 2011 Bugmy, an Indigenous man, was at his grandmother’s home in Wilcannia. When police entered he was holding a knife. His partner took that off him. He knelt on the ground with his shirt off and his hands behind his back. When he wouldn’t lay face down on the floor, police tasered him multiple times.

A magistrate found this unreasonable and excessive use of force. An internal taser review by police cleared the officers of any wrong doing. You can see the disturbing footage yourself and make up your own mind. Despite criticism from the Ombudsman, no disciplinary action has been taken against the police involved.

In January 2011 Cory Baker, a young Indigenous man, was taken to the Ballina Police Station where he said he was seriously assaulted by a group of police. An internal police investigation and report was produced. The police investigation cleared police and concluded that Baker had assaulted them.

At trial, deeply disturbing CCTV footage of the police viciously assaulting Baker was eventually produced as a result of an order by a local magistrate. The charges against Baker were dropped. These events are only now being investigated by the Police Integrity Commission. It has now come to light that a senior officer told at least one junior officer what to write in his statement for the internal investigation. That version was blatantly false. Again no disciplinary action has been taken against the officers.

In March last year a young Brazilian man, Roberto Curti, died after being handcuffed face down on the ground and repeatedly capsicum sprayed and tasered by police. Again, an internal police review produced no recommendations for any disciplinary action by the police involved. The Coroner found the attempted arrest of Roberto involved "ungoverned, excessive police use of force." The Coroner found numerous police gave untruthful accounts (pdf) of what occurred on the night.

Curti’s case was the subject of a further critical finding by the Ombudsman. The Ombudsman’s reportfound (pdf) that the internal police investigation was procedurally flawed, failed to consider the lawfulness of the police actions and failed to properly analyse the police use of force. To date not one officer has been charged or disciplined as a result of Curti’s death.

Just this week a further disturbing case has emerged of a police officer at the Mardi Gras throwing 18-year old Jamie Jackson to the ground on Oxford Street and then roughly placing a foot on his back. The young man appears dazed and bleeding as a result of the force with which he struck the pavement. Jackson says he was just crossing the road and did not deserve to be assaulted.

The police have said that they are holding an internal inquiry into the incident that will establish the truth of what happened. Increasingly no one believes this. As the short summary above shows, there are exceptionally good reasons to doubt the capacity of police investigating police to get to the truth in these cases.

There is an inherent conflict of interest whenever we have police investigating themselves. This cannot be resolved until NSW has a single independent police review body which is sufficiently resourced and has its own officers undertake all critical incident reviews.

Corey Barker, 24, was taken into custody in January 2011 after attempting to help two friends in an aggressive street confrontation with police in Ballina. Details about his arrest have emerged in a damning Police Integrity Commission (PIC) report, tabled in parliament on Tuesday.

It found officers slammed Mr Barker into a bin and a chair before swinging him into a machine. He was then forced to the ground before being kicked in the head and kneed in the side.

"The police treatment of Barker can fairly be described as violent," the report said.

Mr Barker was handcuffed and dragged along the floor on his stomach by his arms to a cell where he was left in handcuffs for more than 90 minutes. "This method would have been acutely painful and was brutal," the PIC said.

It found constables David Hill, Lee Walmsley, Ryan Eckersley and Luke Mewing used excessive force against Mr Barker.

They were also found to have lied about the arrest, along with Senior Constable Mark Woolven and former sergeant Robert McCubben, who was medically discharged from the force last December.

The matter came before the PIC after Mr Barker fronted the courts in 2011 charged with the assault of Const Hill.

All six officers gave evidence Mr Barker punched Const Hill in the face while being walked from a holding cage to a cell.

But the assault case was thrown out after CCTV footage - at first thought to have been damaged - showed Mr Barker had in fact been the victim of a police attack. Police were ordered to pay his legal costs.

Commissioner Bruce James has recommended all six officers engaged in misconduct and should be considered for prosecution under the Crimes Act.

Police brutality is not just limited to fatal shootings. We recently wrote a blog about 16-year-old Aboriginal girl Melissa Dunn who was arrested by police for resisting arrest and hindering police. CCTV footage of the incident showed police officers brutally tackling the girl outside a McDonald’s restaurant in Sydney’s CBD, before her head hit the gutter and she was rendered unconscious.

A children’s court magistrate later found Melissa ‘not guilty’ of the charges and criticised police for using an ‘inordinate amount of force’ during her arrest. Melissa tragically ended her life just three days after her trial ended.

We also reported on the highly-publicised case of the young, slightly-built young man who was slammed to the ground during the Gay and Lesbian Mardi Gras by a heavily-built police officer. It seems that this brazen officer was undeterred by the presence of several members of the public, some of whom were filming the incident. The list goes on.

Such cases indicate that issues of police brutality and excessive force are a cause for concern in Australia, despite consecutive attempts to reform the law and redress these injustices.

Later that same year ABC News reported this curious fact on 24 September:

Internal investigations into deaths and serious injuries during police operations have not resulted in disciplinary action against any officer.

The figures, tabled in NSW Parliament, reveal that between January 2013 and August this year, 62 critical incidents were investigated by police.

Two adverse findings were recorded against a police officer in one case, with the officer given counselling. No disciplinary action was recorded against police in any of the 62 cases.

The figures were provided by the Government in response to questions on notice put by Greens MP David Shoebridge.

It will be interesting to see if the new NSW Law Enforcement Conduct Commission (LECC) due to become fully operational in 2017 will even make a dent in entrenched police culture in this state.

Those NSW police officers who perform their duties diligently, with compassion and goodwill must sometimes wonder when senior commanders are finally going to get their act together and weed out those violent and predatory individuals they must rub shoulders with in the force.

UPDATE

On 21
December 2016 Senior Constables David Hill and Mark Woolven, Constables Ryan
Charles Eckersley and Luke Christopher Mewing, Probationary Constable Lee David
Walmsley and Sergeant Robert Campbell McCubben were acquitted in the NSW District
Court of assaulting Cory Baker at Ballina Police Station in 2013.

In June 2016 Sergeant
Sheree Bissett, Sergeant Emily Metcalfe, Senior Constable Leah Wilson and
Constable Aaron Abela were acquitted of perjury in the NSW District Court in
relation to the shooting death of mentally ill man Adam Salter in the family
home in 2009.

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NSW North Coast

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Moggy Musings

Hi! My name is Boy. I'm a male bi-coloured tabby cat. Ever since I discovered that Malcolm Turnbull's dogs were allowed to blog, I have been pestering Clarencegirl to allow me a small space on North Coast Voices.

A false flag musing: I have noticed one particular voice on Facebook which is Pollyanna-positive on the subject of the Port of Yamba becoming a designated cruise ship destination. What this gentleman doesn’t disclose is that, as a principal of Middle Star Pty Ltd, he could be thought to have a potential pecuniary interest due to the fact that this corporation (which has had an office in Grafton since 2012) provides consultancy services and tourismbusiness development services.

A religion & local government musing: On 11 October 2017 Clarence Valley Council has the Church of Jesus Christ Development Fund Inc in Sutherland Local Court No. 6 for a small claims hearing. It would appear that there may be a little issue in rendering unto Caesar. On 19 September 2017 an ordained minister of a religion (which was named by the Royal Commission into Institutional Responses to Child Sexual Abuse in relation to 40 instances of historical child sexual abuse on the NSW North Coast) read the Opening Prayer at Council’s ordinary monthly meeting. Earlier in the year an ordained minister (from a church network alleged to have supported an overseas orphanage closed because of child abuse claims in 2013) read the Opening Prayer and an ordained minister (belonging to yet another church network accused of ignoring child sexual abuse in the US and racism in South Africa) read the Opening Prayer at yet another ordinary monthly meeting. Nice one councillors - you are covering yourselves with glory!

An investigative musing: Newcastle Herald, 12 August 2017: The state’s corruption watchdog has been asked to investigate the finances of the Awabakal Aboriginal Local Land Council, less than 12 months after the troubled organisation was placed into administration by the state government. The Newcastle Herald understands accounting firm PKF Lawler made the decision to refer the land council to the Independent Commission Against Corruption after discovering a number of irregularities during an audit of its financial statements.The results of the audit were recently presented to a meeting of Awabakal members. Administrator Terry Lawler did not respond when contacted by the Herald and a PKF Lawler spokesperson said it was unable to comment on the matter. Given the intricate web of company relationships that existed with at least one former board member it is not outside the realms of possibility that, if ICAC accepts this referral, then United Land Councils Limited (registered New Zealand) and United First Peoples Syndications Pty Ltd(registered Australia) might be interviewed. North Coast Voices readers will remember that on 15 August 2015 representatives of these two companied gave evidence before NSW Legislative Council General Purpose Standing Committee No. 6 INQUIRY INTO CROWN LAND. This evidence included advocating for a Yamba mega port.

A Nationals musing: Word around the traps is that NSW Nats MP for Clarence Chris Gulaptis has been talking up the notion of cruise ships visiting the Clarence River estuary. Fair dinkum! That man can be guaranteed to run with any bad idea put to him. I'm sure one or more cruise ships moored in the main navigation channel on a regular basis for one, two or three days is something other regular river users will really welcome. *pause for appreciation of irony* The draft of the smallest of the smaller cruise vessels is 3 metres and it would only stay safely afloat in that channel. Even the Yamba-Iluka ferry has been known to get momentarily stuck in silt/sand from time to time in Yamba Bay and even a very small cruise ship wouldn't be able to safely enter and exit Iluka Bay. You can bet your bottom dollar operators of cruise lines would soon be calling for dredging at the approach to the river mouth - and you know how well that goes down with the local residents.

A local councils musing: Which Northern Rivers council is on a low-key NSW Office of Local Government watch list courtesy of feet dragging by a past general manager?

A serial pest musing: I'm sure the Clarence Valley was thrilled to find that a well-known fantasist is active once again in the wee small hours of the morning treading a well-worn path of accusations involving police, local business owners and others.

An investigative musing: Which NSW North Coast council is batting to have the longest running code of conduct complaint investigation on record?

A which bank? musing: Despite a net profit last year of $9,227 million the Commonwealth Bank still insists on paying below Centrelink deeming rates interest on money held in Pensioner Security Accounts. One local wag says he’s waiting for the first bill from the bank charging him for the privilege of keeping his pension dollars at that bank.

A Daily Examiner musing: Just when you thought this newspaper could sink no lower under News Corp management, it continues to give column space to Andrew Bolt.

A thought to ponder musing: In case of bushfire or flood - do you have an emergency evacuation plan for the family pet?

An adoption musing: Every week on the NSW North Coast a number of cats and dogs find themselves without a home. If you want to do your bit and give one bundle of joy a new family, contact Happy Paws on 0419 404 766 or your local council pound.